Question 1

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic and does not require registration. However, registration can provide additional benefits and legal remedies for copyright infringement.

Question 2

The TRIPS agreement covers computer programs.

Accepted Answer

The TRIPS agreement includes computer programs as a form of intellectual property and provides for their protection.

Question 3

A customer list is not a trade secret.

Accepted Answer

The answer of A customer list is not a trade...

Question 4

Paula develops a new espresso machine that she names "Sure Shot." She also writes an operating manual for the machine. Paula can obtain trademark protection for
A) the espresso machine.
B) the "newness" of the espresso machine.
C) the name "Sure Shot."
D) the operating manual.

Accepted Answer

Paula can obtain trademark protection for the name "Sure Shot." Trademarks protect distinctive names, logos, or other symbols that identify a source of goods or services. The espresso machine itself may be eligible for other forms of intellectual property protection, such as a patent for a novel invention or a design patent for a unique appearance. The newness of the machine cannot be protected as it is not a legal form of intellectual property. The operating manual may be eligible for copyright protection.

Question 5

Anyone who writes a book has automatic international copyright protection.

Accepted Answer

The answer of Anyone who writes a book has automatic...

Question 6

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

Accepted Answer

The TRIPS agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) requires each member country to incorporate minimum standards for intellectual property protection into their domestic laws. This includes copyright, patents, trademarks, and other forms of intellectual property.

Question 7

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar drink under the name "KoKoKafe." This is most likely
A) copyright infringement.
B) patent infringement.
C) trademark infringement.
D) a theft of trade secrets.

Accepted Answer

This is most likely to be a trademark infringement as both the names "CoCoCafe" and "KoKoKafe" are similar and can lead to confusion among customers.

Question 8

Trademarks are protected from use on noncompeting goods by
A) the Federal Trademark Dilution Act.
B) the America Invents Act.
C) the Anticybersquatting Consumer Protection Act.
D) the Copyright Act.

Accepted Answer

The Federal Trademark Dilution Act protects trademarks from use on noncompeting goods by preventing dilution, which is the use of a similar mark that impairs the distinctiveness of the original mark. This protection extends to famous marks even if they are not registered or used in commerce. The America Invents Act relates to patent law, the Anticybersquatting Consumer Protection Act protects against domain name squatting, and the Copyright Act protects creative works.

Question 9

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique may involve proprietary or confidential information, which can be protected as a trade secret. This is often the case with innovative or unique marketing strategies that give a company a competitive advantage.

Question 10

To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

Accepted Answer

This is the standard criteria for patentability in most countries, including the United States.

Question 11

Patent infringement is a tort.

Accepted Answer

Patent infringement is a civil wrong or tort in which an individual or company uses a patented invention without permission from the patent holder, resulting in legal action being taken against them for compensation.

Question 12

A copy does not need to be exactly the same as the original to infringe a copyright.

Accepted Answer

Copyright infringement can occur even if the copy is not an exact replica of the original. Any use of a substantial portion of the original work without permission can be considered infringement, regardless of whether the copy is slightly altered or modified.

Question 13

Pricing information is not a trade secret.

Accepted Answer

Pricing information can be considered a trade secret if it is not known to the public, provides a business advantage, and the business takes reasonable steps to keep it confidential.

Question 14

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided
A) consumers are confused.
B) Bubbly's use is intentional.
C) Bubbly's use reduces the value of Sparkly's mark.
D) Sparkly's mark is registered.

Accepted Answer

In order for Bubbly's use of Sparkly's trademark to be actionable, there must be consumer confusion. This means that consumers must mistake Bubbly's product for Sparkly's, or be confused about the source or affiliation of the two products. Intentional use and reduced value of the mark may also be factors, but are not the decisive factors in determining whether Bubbly's use is actionable. The fact that Sparkly's mark is registered may be relevant, but is not sufficient by itself to make Bubbly's use of the mark actionable.

Question 15

Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

Accepted Answer

Trade secrets can include confidential information such as formulas, recipes, customer lists, and manufacturing processes, which cannot be protected under trademark, patent, or copyright law. The law of trade secrets provides protection against misappropriation or unauthorized use of such confidential information.

Question 16

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC
A) can register the mark for protection.
B) cannot register a mark that has been used in commerce.
C) has committed trademark infringement.
D) must put off registration until the mark is out of use for six months.

Accepted Answer

LCC can register the mark for protection even though it has not been previously registered, as long as it meets the necessary requirements for registration.

Question 17

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Accepted Answer

Copyright infringement occurs when someone uses someone else's intellectual property without permission. Downloading software or music into a computer's RAM without permission constitutes unauthorized use of the copyright owner's intellectual property.

Question 18

Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

Accepted Answer

Foreign firms can obtain U.S. patent protection on items that they sell in the United States.

Question 19

A copyright owner must place a or an on the work to have the work protected from copyright infringement.

Accepted Answer

The work is automatically protected by copyright law as soon as it is fixed in a tangible form, such as writing it down or recording it. No symbol or notice is required to secure copyright protection. However, using the © symbol and including copyright information on the work can provide additional benefits, such as notice to the public that the work is protected and identifying the owner of the copyright.

Question 20

It is possible to copyright an idea.

Accepted Answer

Copyright law protects the expression of an idea, not the idea itself. An idea can only be protected by a patent, which requires a specific invention or process to be described.

Quiz 5: Intellectual Property and Internet Law